Sittings and Hearings

Determination of Applications

The Tribunal will decide how the case should proceed. This includes deciding whether further information is needed, whether the case should be considered at a hearing, or whether it can be decided without a hearing (on paper) based on the evidence provided by both parties (Article 16 of the Order).

Hearings: What Happens at a Hearing

At the hearing, the Tribunal will consider the evidence and hear from both parties before making a decision.

The Chair will explain how the hearing will proceed. Two lay members of the Tribunal will be supporting the chair during the hearing.

The hearing may include:

questions from the Tribunal
evidence from witnesses
explanations from the tenant and landlord
discussion of documents.

Who May Attend

A hearing may include:

the Tribunal Chair or Deputy Chair
two other Tribunal members
the tenant
the landlord
representatives
witnesses
interpreters.

Public or Private Hearings

Hearings are normally held in public.

In limited circumstances, the Tribunal may decide that all or part of a hearing should be held in private in accordance with the Law.

Presenting the Case

Each party will have an opportunity to:

explain their position
provide evidence
respond to the other party’s evidence
ask relevant questions.

The Tribunal aims to keep hearings as informal and accessible as possible while ensuring fairness to both parties.

Questions from the Tribunal

The Tribunal may ask questions at any stage of the hearing.

Those are intended to:

clarify the evidence
understand the issues
ensure the Tribunal has enough information to make a decision.

Decisions without a Hearing (‘On Papers’): When a Hearing Is Not Required

In some cases, the Tribunal may decide the application without holding a hearing.

This may occur where:

sufficient information and evidence have been provided; and
the Tribunal considers that it can make a fair decision without hearing from the parties in person.

How the Process Works

If the Tribunal decides to deal with the case on the papers, it will consider:

the tenant’s appeal application
the landlord’s response (if one has been submitted)
any supporting documents or evidence provided by either party.

All information relied upon by the Tribunal will have been shared with both parties.

Opportunity to Provide Information

Both parties will be given an opportunity to submit their evidence and any further information within the time limits set by the Tribunal.

It is important that:

all relevant information is provided as early as possible; and
any deadlines set by the Tribunal are followed.

The Tribunal may request further information from either party before making a decision.

Fairness and Transparency

After considering all the information, the Tribunal will make its decision based on the written material available.

The decision will be issued in writing to both parties, with reasons.

Decision